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(영문) 부산지방법원 2017.11.24 2017고단4484
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 2, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act by this court, and completed the execution of the sentence at the port correctional institution on September 25, 2015, but is not a narcotics handler.

On August 27, 2017, the Defendant, at around 22:00, administered phiphones by inserting approximately 0.03 g of Melopon (one philopon; hereinafter “philopon”), a local mental medicine, into a single-use injection machine, and dilution with water, at the Defendant’s residence ( Busan Shipping Daegu C).

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols and lists of seizure, photographs and video outputs, investigation reports (timely 16), monthly trends in narcotics, and expert records;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, sentence, personal confinement status, and application of Acts and subordinate statutes (12) and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for a repeated crime;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] medication, simple possession, etc.

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